Modi govt wants undisputed Ayodhya land freed for temple

A model of the proposed Ram temple that Hindu groups want to build in Ayodhya

R. BALAJI, TT, 29 Jan 2019, New Delhi: The Narendra Modi government has sought the Supreme Court's permission to return the "non-disputed" land in Ayodhya to the original land owners, including a trust formed to oversee the construction of the Ram temple.

Hours after news of the Centre's application broke, an unnamed senior government functionary was quoted as saying a step towards starting "work" on the Ram temple had been taken and a chorus arose from BJP leaders hailing the government's move.

With the general election round the corner, the Modi government has come under increasing pressure from the Sangh parivar to show some tangible progress in the campaign to build the temple.

The Centre filed the application on Monday and it became public on Tuesday but the matter is yet to be listed by the court.

After the Babri Masjid was demolished in December 1992 and many lives were lost in the riots, the then Congress government had acquired 67.703 acres, including the disputed portion.

The Modi government now wants 67.39 acres of the acquired land to be restored to its original owners, which include the Ram Janmabhoomi Nyas, a trust whose principal mission is to promote and oversee the construction of the temple.

As much as 42 of the 67plus acres acquired belonged to the Nyas. If the court grants the government's wish, the trust will get this land back.

In its application, the Modi government has put the size of the disputed land at 0.313 acres. When this portion is left out, the size of the remaining land will be 67.39 acres -- what the government has described as "superfluous excess vacant" land that it wants to return now.

The size of the disputed land has been generally considered to be 2.77 acres but the Allahabad High Court of 2010 mentions the words "the premises in dispute along with some adjoining area (total area 2.77 acres)", which sug- gests the disputed area could be less than 2.77 acres.

In 2010, Allahabad High Court had divided the disputed premises equally among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla Virajman (baby Ram).

On Monday, when The Telegraph asked solicitor-general Tushar Mehta, a government law officer, about the size of the disputed land, he as- serted that it was 0.313 acre. The Allahabad High Court judgment refers to "1,500 square yards where angels fear to tread" while mentioning "premises consisted of constructed portion and adjoining land surrounded by a boundary wall (total area about 1500 square yard).... Muslims claimed that the entire premises was a mosque known by the name of Babari Mosque". Converted into acres, 1,500 square yards become 0.309, not too far off from .313 -­ the figure cited by the Centre in the application. This would suggest that the government wants the entire area, barring the portion where the Babri Masjid stood, to be returned.

The idol of Ram Lalla, placed in December 1949, is very close to this site. The Allahabad High Court verdict, whose fate will be decided by a Supreme Court constitution bench that is yet to begin proceedings, had said the "portion below the central dome where at present the idol is kept in makeshift temple will be allotted to Hindus in final decree".

The reference to the central dome suggests the location of the idol also falls in the disputed territory. It is not clear whether the government's precise reference to 0.313 acres has any bearing on this factor.

The Centre's application seeks strength from an order by a five-judge constitution bench of the Supreme Court in 1994 that had permitted the government to return the land, barring the disputed portion.

On March 31, 2003, the Supreme Court had ordered the maintenance of "status quo" on the entire land, including the non-disputed plots. The Centre now wants this order to be modified.